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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence imposed by the court below (three months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to the records, the defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on February 14, 2020 (Seoul District Court Decision 2019No4587, Feb. 14, 2020). The defendant appealed against the above judgment but the Supreme Court dismissed the defendant's appeal on April 27, 2020 (Supreme Court Order 2020Do3886, Apr. 27, 2020) (see Supreme Court Order 2020Do3886, Apr. 27, 2020).
As above, in relation to the crime of this case between the crime of violation of the Act on the Control of Narcotics, etc. and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, the judgment of the court below which did not consider the principle of equity and the mitigation or exemption of punishment after considering equity in the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, except that "the defendant was sentenced on February 14, 202 to 10 months by imprisonment with prison labor for the violation of the Act on the Control of Narcotics, Etc. (fence) at the Daegu District Court on April 27, 2020, and that the judgment became final and conclusive on April 27, 2020" is changed to "the criminal records as stated in the judgment of the court below (Fgu District Court 2019No4587 and Supreme Court 2020Do3886)" as stated in each corresponding column of the Criminal Procedure Act. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1.